But First District, Div. 5 Rules That Sanctions For Expenses Incurred Cannot Include Expenses of Taking Another Deposition. In a proposed class action, defendant deposed one of the plaintiffs. Plaintiff’s counsel, J. David Franklin, wrote on a legal pad and showed it to his client, the deponent. Counsel also instructed the deponent not to […]
Second District, Division One Holds that a Tameny Claim Exists When Subsequent Employer Honors Putatively Invalid Restraint on Competition Entered Into Between Employee and Previous Employer – and Reversal of Attorney’s Fee Award Follows. A Tameny claim is a claim for wrongful termination in violation of public policy, under Tameny v. Atlantic Richfield Co.,
Fifth District agrees the Case is “screwed up.” The story arc of this opinion begins at a low point, and plummets. “What the heck?I?,” begins the Court of Appeal opinion. “At one point, the trial court commented, ‘This is one of the most screwed up cases I’ve ever seen.’ We heartily agree.” Essex Insurance
Third Appellate District Remands So Trial Court Can Determine Reasonable Fees for Employer Who Successfully Defended Against Alleged Failure to Provide Rest Periods. The next case is all about entitlement to attorney’s fees under the Labor Code. Kirby v. Immoos Fire Protection, Inc., No. C062306 (3rd District July 27, 2010) (published). On appeal,
The Court Sets Forth Specific Guidelines to Avoid Compromising Ethical Considerations. On June 27, 2010, we posted about the fact that Louisiana and Wisconsin are two states that do not allow the attorney general to hire a private attorney for a contingency fee. This limitation is proving to be especially significant in Louisiana, in the
Second District, Division 4, Explains You Better Move to Compel if You Want to Preserve the Right to Fees Under CCP 2033.420. The underlying facts of the next case were dramatic. A fight broke out at the Rits Cafe culminating in the shooting death of one person and the wounding of another. Lawsuits followed
Fourth District, Div. Two, Upholds $5,000 Award in Attorney’s Fees to Wife, Where Husband Failed to Cite Evidence Supporting a Denial of the Request for Fees. Mr. Parga sought to terminate his spousal support obligations to his former wife. The court denied the husband’s request and awarded the wife $5,000 in attorney’s fees. An
Appellants Fail to Get Past First Base Because They Did Not Establish Material Difference in the Laws of California and Bermuda. Defendants/appellants succeeded in getting the trial court to strike a tardy amended complaint. Defendants then argued that under Bermuda law, they were entitled to fees of $105,237.30 as the prevailing parties. Defendants argued
Second District, Div. 4, Explains that Interlocutory Judgment Determing Interests of the Parties and Ordering Partition is Appealable – But Interlocutory Order Finding a Party Prevailed and Incurred Costs and Attorney’s Fees for the Common Benfit of the Parties is Not Appealable. In Alaeddin Enayati v. Hessamedin Enayati, B213264 (2nd Dist., Div. 4 July
Waiver Results in Second District, Division Three’s Affirmance of Orders Awarding $11,645 and $25,278.50 in Attorney Fees. After the trial court granted an order to strike an action for malicious prosecution, brought by Van Wormer Resorts, Inc. (VWR), WVR appealed the order, as well as the granting of attorney’s fees in favor of defendants/respondents
